Adminstrative Law

Arellano Univeristy School of Law

aiza ebina/2015

BARCELON vs BAKER
5 Phil 87
Doctrine of Separation of Powers
Blending of Allocated Powers
FACTS: This was an application by Fred C. Fisher and Charles C. Cohn, attorneys at law, on behalf of the
plaintiff, Felix Barcelon, for a writ of habeas corpus.
The court, after considering the foregoing petition, made an order on the 3rd day of August, 1905,
directing the said David J. Baker, Jr., and the said John Doe Thompson to appear before this court on the
4th day of August, 1905, at 9 o'clock a.m., to show cause why the writ of habeas corpus should not be
granted in accordance with the prayer of said petition.
At 9 o'clock a.m. on the 4th day of August the respondents, by the Attorney-General of the Philippine
Islands, through George R. Harvey, representing the latter, filed their answer to the foregoing petition. By
reason of the fact that the said answer failed to disclose whether or not the said Felix Barcelon was
actually detained and deprived of his liberty by the said respondents, the court directed that said answer
be amended, stating without equivocation whether or not Felix Barcelon was actually detained by the said
respondents, which amended answer, among other things, contained the following allegations:
"That the writ of habeas corpus should not issue on the application filed herein, because the court is
without jurisdiction or authority to grant the privilege of the writ of habeas corpus in the Province of
Batangas, for the reason that on January 31, 1905, the Governor-General, pursuant to a resolution and
request of the Philippine Commission, suspended said writ in the Provinces of Cavite and Batangas, in
accordance with the provisions of section 5 of the act of congress known as "The Philippine Bill," the
Philippine Commission and the Governor-General basing such suspension upon the fact that certain
organized bands of ladrones in said provinces were in open insurrection against the constituted authorities;
and the said bands, or parts of them, and some of their leaders, were still in open resistance to the
constituted authorities."
ISSUE: Whether or not the judicial department of the Government may investigate the facts upon which
the legislative and executive branches of the Government acted in providing for the suspension and in
actually suspending the privilege of the writ of habeas corpus in said provinces
RULING: No. It is the duty of the legislative branch of the Government to make such laws and regulations
as will effectually conserve peace and good order and protect the lives and property of the citizens of the
State. It is the duty of the Governor-General to take such steps as he deems wise and necessary for the
purpose of enforcing such laws. Every delay and hindrance and obstacle which prevents a strict
enforcement of laws under the conditions mentioned necessarily tend to jeopardize public interests and
the safety of the whole people. If the judicial department of the Government, or any officer in the
Government, has a right to contest the orders of the President or of the Governor-General under the
conditions above supposed, before complying with such orders, then the hands of the President or the
Governor-General may be tied until the very object of the rebels or insurrectos or invaders has been
accomplished. But it is urged that the president, or the Governor-General with the approval of the
Philippine Commission, might be mistaken as to the actual conditions; that the legislative department
the Philippine
Commission might, by resolution, declare after investigation, that a state of rebellion, insurrection, or
invasion exists, and that the public safety requires the suspension of the privilege of the writ of habeas
corpus, when, as a matter of fact, no such conditions actually existed; that the President, or GovernorGeneral acting upon the authority of the Philippine commission, might by proclamation suspend the
privilege of the writ of habeas corpus without there actually existing the conditions mentioned in the act of
Congress. In other words, the applicants allege in their argument in support of their application for the writ
of habeas corpus, that the legislative and executive branches of the Government might reach a wrong
conclusion from their investigations of the actual conditions, or might, through a desire to oppress and
harass the people, declare that a state of rebellion, insurrection, or invasion existed and that public safety
required the suspension of the privilege of the writ of habeas corpus when actually and in fact no such
conditions did exist. We can not assume that the legislative and executive branches will act or take any
action based upon such motives.
Moreover it can not be assumed that the legislative and executive branches of the Government, with all
the machinery which those branches have at their command for examining into the conditions in any part
of the Archipelago, will fail to obtain all existing information concerning actual conditions. It is the duty of
the executive branch of the Government to constantly inform the legislative branch of the Government of
the condition of the Union as to the prevalence of peace or disorder. The executive branch of the
government, through its numerous branches of the civil and military, ramifies every portion of the
Archipelago, and is enabled thereby to obtain information from every quarter and corner of the State. Can

the judicial department of the Government, with its very limited machinery for the purpose of investigating
general conditions, be any more sure of ascertaining the true conditions throughout the Archipelago, or in
any particular district, than the other branches of the Government? We think not.
If we find that Congress did confer such authority and that the Governor-General and the Philippine
Commission acted in conformance with such authority, then this branch of the Government is excluded
from an investigation of the facts upon which the Governor-General and the Philippine Commission acted,
and upon which they based the resolution of January 31, 1905, and the executive order of the GovernorGeneral of the same date. Under the form of government established in the Philippine Islands, one
department of the Government has no power or authority to inquire into the acts of another, which acts
are performed within the discretion of the other department.
RATIO: Blending of allocated powers. - An exact delimitation of governmental powers, however, is not
possible. Separation of powers does not mean an entire and complete saparation of powers or functions,
which would be impracticable if not impossible. That there may be a certain degree of blending or
admixture of three (3) powers of government, particularly in administrative agencies, is well recognized.
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